Ensuring the Right to Repair Through the Constitutional Right to Property in the Republic of Moldova

Abstract

This paper analyses the right to repair as an essential component of the right to property, as well as the ways in which interferences resulting from technical, economic, and legal restrictions affect the exercise of this right in the Republic of Moldova in relation to European Union standards. The study examines the national regulatory framework the Constitution of the Republic of Moldova, the Civil Code, Law No. 105/2003 on Consumer Protection, and Law No. 209/2016 on Waste—by comparing it with European legal instruments such as Directive (EU) 2019/771, Proposal COM (2023)155, and Regulation (EU) 2024/1781 on Eco-design Requirements for Sustainable Products. The paper highlights situations in which manufacturers restrict access to spare parts, software, technical documentation, or independent repair services, thereby creating interferences with the prerogatives of the owner (possession, use, disposal) and negatively impacting the economic value of the asset. The analysis is grounded in ECHR and CJEU case law concerning the balance between the general interest and the protection of property rights, particularly through the application of the proportionality test. The article proposes strengthening the right to repair as an autonomous legal institution, imposing positive obligations on manufacturers, regulating the repair market, and integrating durability criteria into environmental policies. In conclusion, the right to repair constitutes a necessary condition for the effective protection of property, the promotion of the circular economy, and the harmonization of the legislation of the Republic of Moldova with contemporary European standards.